The Colorado Legislature passed several laws in the Spring of 2024 which affect residential landlords and tenants. Here is a recap of the newly passed laws:
Changes to Eviction Laws:
The Legislature made significant changes to a landlord’s right to evict residential tenants. The new law prohibits a landlord from evicting residential tenants without cause with limited exceptions. Learn more here about these sweeping changes: Colorado Law Update – Residential Eviction Changes. Residential landlords would be wise to familiarize themselves with the new rules and consider updating their rental agreements, eviction forms, policies, and procedures to comply with the new laws.
HB24-1098, codified at Colo. Rev. Stat. §§ 38-12-1301 to 38-12-1307, 13-40-104, 13-40-106 to 13-40-108, 13-40-110, 38-12-202, 38-12-204.3, 38-12-701, 38-12-222, 38-12-508, 38-12-509, 38-33-112, is effective April 19, 2024 .
Changes to Warranty of Habitability Laws:
The Legislature amended Colorado’s warranty of habitability laws to provide safe housing for residential tenants. The new amendments clarify the actions that constitute a breach of the warranty of habitability and modify the procedures related to warranty of habitability claims brought by tenants against landlords.
Under existing law, a landlord is deemed to warrant that residential premises are fit for human habitation at the start of the tenant’s occupancy of the premises and a landlord is required to maintain the residential premises in a condition that is fit for human habitation throughout the time that the tenant lawfully occupies the premises. A residential premises is generally considered uninhabitable if, for example, it has mold associated with dampness, is damp, lacks functioning appliances, waterproofing, weather protection, plumbing, gas, running water, sufficient hot water, heating facilities, electrical lighting, or is in a condition that materially interferes with the tenant’s life, health, or safety and the landlord has actual or constructive notice of the condition, but fails to commence remedial action within set time periods. The new amendments are detailed and should be read in their entirety. Of note, the amendments do the following:
Given these changes, landlords should consider evaluating the condition of their units for compliance with the new laws, updating their maintenance and repair policies and procedures, and revising their rental agreements accordingly.
SB24-094, codified at Colo. Rev. Stat. §§ 38-12-501 to 38-12-512, 24-31-101, 13-6-104, and 13-40-111, is effective May 3, 2024 .
Changes to Occupancy Limits Laws:
The Legislature now prohibits local governments from enacting occupancy limits based on familial relationships. However, local governments may still implement residential occupancy limits based on demonstrated health and safety standards, such as international building codes, fire codes, Colorado Department of Public Health and Environment wastewater and water quality standards, or affordable housing program guidelines. Landlords should understand local laws where their rental units are located and consider revising their rental agreements to ensure compliance with lawful occupancy limit requirements.
HB24-1007, codified at Colo. Rev. Stat. § 29-20-111, is effective July 1, 2024 .
New Rental Price Gouging Law:
The Legislature now prohibits rental price gouging during a declared disaster, such as the Marshall Fire in Boulder County or other natural or human-caused disasters. Under the new law, price gouging occurs when a landlord increases rent by more than the greater of 10% over the prior year’s rent or in an amount that matches the percentage increase in the prior year. Landlords should be mindful of this new law when increasing rental rates during a declared disaster. Otherwise, a landlord may have to pay damages, attorney fees, and costs.
HB24-1259, codified at Colo. Rev. Stat. § 6-1-735, is effective August 7, 2024 .
Changes to Disability-Based Discrimination Laws:
The Legislature amended the laws applicable to premises rented by individuals with a disability. Under existing law, it is unlawful for a residential landlord to discriminate against a tenant on the basis that the tenant has a disability and to refuse to allow an individual with a disability to make reasonable modifications to the rental premises if the modifications are necessary to afford the individual full enjoyment of the premises. The new law prohibits a landlord from conditioning permission for a modification on the tenant agreeing to restore the interior of the premises. Landlords should re-evaluate and, if necessary, revise their rental agreements to avoid discrimination claims.
HB24-1318, codified at Colo. Rev. Stat. §24-34-502.2, is effective August 7, 2024 .
Landlords with questions about the impact of any of the laws listed above are encouraged to contact BHGR’s Real Estate Group.
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